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[ EDITORIAL ]

Arrest For Spitting: Lakeland's Heavy Hand

Published: Thursday, January 31, 2013 at 12:08 a.m.

Last Modified: Thursday, January 31, 2013 at 12:08 a.m.

When one cannot sleep, and it is after midnight, people take different approaches. One might read a book, watch television, or simply toss and turn. An easy-paced walk on temperate late night can be just the thing to calm the mind, leading to sleep upon return.

As traditional and reasonable as such an act is in Florida, a resident of Lakeland last year found that rather than a calming effect, the heavy hand of city police can lead to just the opposite — stress from interrogation and even arrest.

That's what happened to Joseph Stoiber, 29, on a sleepless May 30 as he strolled through his neighborhood near Florida Southern College, reported The Ledger's Elvia Malagon in an article Tuesday. As Stoiber walked through the mid-70 degree air at 2:30 a.m., he talked to a friend about baseball on his mobile phone.

And thus the heavy hand placed itself on the case of the insomniac walker. The details are laid out in a police report about the matter, an internal-investigation report and a 10-page complaint by Stoiber.

INTERROGATION

Anderson asked Stoiber what he was doing. Stoiber explained his sleeplessness and walk. Anderson asked to pat him down. Stoiber said no.

Anderson patted down Stoiber anyway.

A pocket in Stoiber's shorts was bulging, the officer reported later. The bulge "was large enough to conceal a weapon, including a handgun," he said.

As it turned out, the pocket contained a wallet, a can of snuff and a set of keys.

During the pat-down, Stoiber, who had used some of the snuff, spat on the ground.

The heavy-handed grip squeezed tight.

Anderson arrested Stoiber and charged him with violating a 1944 Lakeland ordinance that outlaws spitting in public.

How did the heavy hand of the Lakeland Police Department wrap up this exposition of justice?

Back-up officer Nicholas Ivancevich arrived on the scene 90 seconds after Anderson's first contact with Stoiber.

He found Stoiber handcuffed already.

Ivancevich took decisive action when he got out of his police car. He spat.

EPILOGUE

Stoiber, who was not read his Miranda rights, was jailed. He was released on bail of $250. The State Attorney's Office dropped the charge Aug. 8.

A Lakeland Police internal investigation called for the two officers to be disciplined. They had to write papers about policy and procedure.

Stoiber, now a resident of Gainesville, called for the officers to be fired — and continues to do so.

That's too much.

However, when a late-night walk and a splat of spittle on the ground can result in incarceration, it is fair to worry how far the heavy hand of the Lakeland Police Department reaches.

Besides watching the behavior of Anderson and Ivancevich, broad observation of the actions and demeanor of Lakeland police officers is in order.

<p>When one cannot sleep, and it is after midnight, people take different approaches. One might read a book, watch television, or simply toss and turn. An easy-paced walk on temperate late night can be just the thing to calm the mind, leading to sleep upon return.</p><p>As traditional and reasonable as such an act is in Florida, a resident of Lakeland last year found that rather than a calming effect, the heavy hand of city police can lead to just the opposite — stress from interrogation and even arrest.</p><p>That's what happened to Joseph Stoiber, 29, on a sleepless May 30 as he strolled through his neighborhood near Florida Southern College, reported The Ledger's Elvia Malagon in an article Tuesday. As Stoiber walked through the mid-70 degree air at 2:30 a.m., he talked to a friend about baseball on his mobile phone.</p><p>Lakeland police officer Tyler Anderson came across Stoiber and stopped him.</p><p>And thus the heavy hand placed itself on the case of the insomniac walker. The details are laid out in a police report about the matter, an internal-investigation report and a 10-page complaint by Stoiber.</p><p>&nbsp;</p><p><strong>INTERROGATION</strong></p><p>Anderson asked Stoiber what he was doing. Stoiber explained his sleeplessness and walk. Anderson asked to pat him down. Stoiber said no.</p><p>Anderson patted down Stoiber anyway.</p><p>A pocket in Stoiber's shorts was bulging, the officer reported later. The bulge "was large enough to conceal a weapon, including a handgun," he said.</p><p>As it turned out, the pocket contained a wallet, a can of snuff and a set of keys.</p><p>During the pat-down, Stoiber, who had used some of the snuff, spat on the ground.</p><p>The heavy-handed grip squeezed tight.</p><p>Anderson arrested Stoiber and charged him with violating a 1944 Lakeland ordinance that outlaws spitting in public.</p><p>How did the heavy hand of the Lakeland Police Department wrap up this exposition of justice?</p><p>Back-up officer Nicholas Ivancevich arrived on the scene 90 seconds after Anderson's first contact with Stoiber.</p><p>He found Stoiber handcuffed already.</p><p>Ivancevich took decisive action when he got out of his police car. He spat.</p><p>&nbsp;</p><p><strong>EPILOGUE</strong></p><p>Stoiber, who was not read his Miranda rights, was jailed. He was released on bail of $250. The State Attorney's Office dropped the charge Aug. 8.</p><p>A Lakeland Police internal investigation called for the two officers to be disciplined. They had to write papers about policy and procedure.</p><p>Stoiber, now a resident of Gainesville, called for the officers to be fired — and continues to do so.</p><p>That's too much.</p><p>However, when a late-night walk and a splat of spittle on the ground can result in incarceration, it is fair to worry how far the heavy hand of the Lakeland Police Department reaches.</p><p>Besides watching the behavior of Anderson and Ivancevich, broad observation of the actions and demeanor of Lakeland police officers is in order.</p>